Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: This study analyzes the rationale for ruling number 03283 2021 0489, issued in a protection action due to the failure of the Ministry of Public Health to call for public tenders, in accordance with Article 25 of the Organic Law on Humanitarian Support. This failure, which occurred during the COVID-19 pandemic, affected the labor rights of health personnel and violated legal certainty. A qualitative methodology based on the SER method is used to break down and analyze the factual, normative, and argumentative components of the ruling. The legal logic of the ruling, the assessment of the evidence, and the internal coherence of the reasoning are examined, contrasting it with constitutional principles and relevant doctrine. In addition, potential gaps or deficiencies in the reasoning are identified that could jeopardize the validity of the verdict, leading to its approval in the second instance. At the same time, standards are established to improve the quality of judicial reasoning, such as safeguarding due process and effectively protecting essential rights.